Is the Florida Law Valid? | PAAIA: Public Affairs Alliance of Iranian Americans

Is the Florida Law Valid?
Future of Iranian American-owned travel agencies in Florida in Jeopardy

Washington, D.C., July 30, 2008 – The future livelihood of a number of Florida based Iranian American travel businesses is in jeopardy due to a new state law that significantly increases registration fees, security bonds, and potential penalties imposed on sellers of travel for selling trips to any nation that is on the Department of State’s list of state sponsors of terror, namely Iran, Cuba, North Korea, Syria and Sudan.
“The measure will drive up our operating costs and force us to shut down,” one Iranian American travel agent based in Miami told PAAIA. “Ninety percent of our business comes from Iranian Americans in Florida who wish to visit family and friends living in Iran. The $250,000 security bond is too much for us to bear.”
On July 1, 2008, a federal judge in Miami temporarily blocked the state of Florida from implementing the new seller of travel law. A lawsuit brought forth by 16 travel agencies that specialize in the selling of trips to Cuba sought an injunction claiming that the law is unconstitutional. Attorneys representing the state countered that the law does not violate federal statutes and only regulates in-state transactions. The next hearing in the case has been scheduled for September 25, 2008. In the meantime, travel agencies are allowed to operate under Florida statute prior to July 1, 2008.
While the outcome of the court case is yet to be determined, several outside sources have weighed on the constitutionality of the law. According to the Iranian American Bar Association (IABA), the measure conflicts with federal law by restricting travel which the federal government deems authorized and perfectly legal. “The Florida law presents serious issues concerning the dormant commerce clause in the US Constitution, the fundamental right to travel, and the President's power over foreign affairs,” the IABA explained in a July 30, 2008 press release.
George Lemieux, former Chief of Staff to Florida Governor Charlie Crist, also believes that the Florida law is unconstitutional. "Proponents of the law argue it is a homeland security measure that protects the state in the event of an incident related to the unstable nature of these countries. Realistically, the law is politically calculated to stop travel to these challenged states. Travel to foreign countries from the United States falls within the federal government's jurisdiction, and is therefore, beyond the reach of a state like Florida. Look for the federal court to come to that conclusion," said LeMieux in a recent online report.
On September 25, 2008, the U.S. District Court in Miami will decide whether to issue a preliminary injunction or allow the state of Florida to implement the law. If implemented, the measurer will not only negatively impact Iranian Americans and other Florida residents wishing to travel to Iran but may also induce other states to implement similar measurers.
In the meantime, it is business as usual for one Iranian American travel agency in Florida. “After the initial set of confusion over the law things have returned to normal,” an agent told PAAIA. “It is our hope that the federal courts will issue an injunction so we can continue doing business in the state of Florida.”
Is the Florida Law Valid? PAAIA: Public Affairs Alliance of Iranian Americans